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Nancy Jane Madsen
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Nancy Jane Madsen
Law Office of Nancy Madsen
1714 Olive St
Santa Barbara, CA 93101
Phone: (805) 564-4481
Legal Topic
Family Law
Preferred New Clients
My preference is to work as a mediator for parties or as a consultant to one party in family law situations (divorce, custody, support, pre-marital and post-marital agreements).
Sub-Categories
Family Law
- Mediation/Alternative Dispute Resolution (ADR)
- Child Support
- Custody
- Paternity
- Visitation
- Domestic Partnerships
- Living Together/Cohabitation
- Marriage
- Prenuptial & Postnuptial Agreements
Legal Topic
Divorce
Preferred New Clients
My preference is to work as a mediator for parties or as a consultant to one party in family law situations (divorce, custody, support, pre-marital and post-marital agreements).
Sub-Categories
Divorce
- Alimony/Palimony/Spousal Support
- Annulment
Bar Admissions
CA, Dec 1976
Bar Number: 71779
Other Court Admissions
All California Courts (1976), United States District Court, Central District of California (1977)
Association Memberships
California State Bar
Continuing Education
Extensive continuing education regarding family law issues, including valuation and division of property, taxation, pensions, child custody and support, spousal support, child and spousal abuse (25 hours every three years, required by State Bar).
Papers and Publications
I was the co-author of the first Family Law Desk Reference published by the California Judicial Council for use by court mediators.
Example Cases
I have successfully mediated many divorce cases involving millions of dollars in assets, complex spousal support issues, and very contentious child custody issues.
In addition, I often efficiently assist clients in settling lower-asset cases for a very reasonable price.
Education
Degree:
Bachelor of Arts
School:
University of California
City:
Riverside
State:
CA
Year:
1971
Honors:
Cum Laude
Degree:
Juris Doctor
School:
UCLA School of Law
City:
Los Angeles
State:
CA
Year:
1976
Honors:
Dean's List
Focus and Accomplishments:
Moot Court; 9th District Federal Court of Appeals Internship in
Family and Civil Law
Degree:
Masters of Social Welfare
School:
UCLA School of Public Affairs
City:
Los Angeles
State:
CA
Year:
1997
Focus and Accomplishments:
Community Building, Social Work Administration
Number of Attorneys
1
State Licensed In
California
Firm Focus and History
I am a sole practitioner; I have focused my practice on family law since joining the Bar in 1976 and I have emphasized mediation since 1978.
Previous Employment Summary
I have worked as a sole practitioner, as a partner in the Mediation Center for Family Law, and in the law firms of Madsen & Johnson and Madsen & Stearns. At present, I am a sole practitioner. I was the first Family Custody Mediator for the County of Santa Barbara Superior Court and served in that role between 1981 and 1985. I have mediated over 3,000 family law cases.
Activities and Awards
I was one of the creators of Santa Barbara County's "Children in the Middle" parent education program--a mandatory program for separated and divorcing parents--and I won the Santa Barbara County Bar's Pro Bono Service Award for my contributions to that program.
What is your opinion regarding clients educating themselves on legal issues?
It is always good when clients learn as much as they can about the legal issues that affect their lives, and it is important that they also consult with an expert attorney in the field to be sure that no important issues are overlooked or misunderstood. Family law in particular has many issues that are potentially complicated and difficult, such as tax planning, division of retirement benefits, child and spousal support and real estate sales.
Mediation provides an ideal setting for clients to efficiently ask questions and resolve issues without litigation. Consultation with an expert family law attorney prior to commencing a do-it-yourself divorce or a mediated divorce is an important investment that can help to secure a good outcome.
Are you willing to review documents prepared by clients?
I believe that it is good when clients empower themselves. Therefore, I am very willing to review documents prepared by clients to be sure that they are correct. My fees for this service are very modest.
Are you willing to coach clients who want to represent themselves?
Again, I believe that it is good when clients empower themselves. Therefore, I am very willing to coach clients who want to represent themselves, provided that the scope of my services is clarified in writing.
Why did you decide to be a lawyer?
I became a lawyer because I wanted to help people solve problems, especially problems that require specific knowledge and expertise that the average person has no reason to possess (for example, knowledge about pension plans, tax planning after divorce, child development issues as they relate to planning for after-divorce custody, and spousal support).
What work experience and education helps you be a better lawyer?
My work as Santa Barbara County Superior Court's first Family Custody Mediator provided me with extensive experience in working with parents and children who are going through the trauma and confusion of separation and divorce. In that job, I worked with over 1,300 families. That experience taught me how to create a calm and supportive environment for clients who are under great stress and how to help them focus on resolving their issues in a healthy way. During my 20 years of litigation experience, I represented husbands and fathers as well as wives and mothers; I have represented unmarried fathers seeking custody of their children, birth mothers placing their children for adoption, and adoptive parents; I have mediated the dissolving relationships of same-sex couples. Through this work, I have learned to anticipate and appreciate the various life experiences, fears, hopes and needs of my current mediation and consultation clients and this has proved to be very valuable to our work together. In addition, my training as a social worker included significant clinical training, and although my mediation and consultation services are not clinical therapy, there is often a therapeutic side-effect to our work.
Why did you decide on your primary area of practice?
The rate of divorce remains high in California, and experts in the field of psychology have long indicated that divorce can be highly traumatic to the parties--even more difficult than the death of a spouse. My mediation and consultation services provide an efficient, supportive and cost-effective way to resolve legal issues for those people going through this difficult time.
What do you like best about your career?
Helping clients to understand the legal and emotional issues they face and helping them to reach their own solutions is what I like best about my career. I am especially grateful for the opportunity to help parents create the healthiest possible post-separation plan for their children. For twenty years, I acted as a family law litigator for some clients while acting as a mediator for other clients. The litigation system is contentious, expensive, risky and destructive, whereas the mediation system is far more cooperative and collaborative, and far less expensive. In 1995, I decided that I would no longer act as a trial lawyer and I limit my legal work to mediation and consultation.
Tell us about your law firm:
I am a sole practitioner and I personally prepare all paperwork for clients. By using software that is available for attorneys, I find it unnecessary and inefficient to hire staff. By managing all paperwork myself, I can be certain that all court forms are prepared correctly and that my contracts are drafted to my professional standards. This system is efficient and allows me to reduce my overhead, which in turn allows me to offer cost-effective services to my clients.
What are your strengths and style?
I bring a unique combination of training, experience and expertise to my work: I served as Santa Barbara County Superior Court's first custody mediator; with a colleague, I designed the county's mandatory parent education course "Children in the Middle"; I have a Master's Degree in Social Welfare; I have successfully litigated hundreds of cases; and I have successfully mediated at least 3,000 cases. I am not troubled by people's emotions during mediation or consultation, and I know how to create and maintain a calm and supportive environment.
I do not have a set style in my work; instead, I approach each case as unique and work in whatever way is best for the client(s) before me. I've found that some mediation clients need a highly structured environment with a great deal of direction, which I provide as needed. Other clients are quite able, with the benefit of my guidance and the neutral setting my office provides, to make progress with less structure. I assess the needs of new clients and respond accordingly. My goal is to help clients learn what they need to know, assist them in their negotiation process, and to draft their legal documents competently and efficiently. I am casual, unpretentious, and flexible. I think and work fast and I am proud to offer high-quality, cost-effective services. I am proud that my primary referral sources for new clients are other attorneys, therapists and other mental health professionals, and previously satisfied clients.
Personal Interests:
I'm interested in the natural world, especially the mountains, music, yoga, foreign travel, and social justice. I'm close to my family and am fortunate to have close friends.
Office Manager/Assistant
None
Office Hours
Evenings and Weekends
Emergency After Hours
Yes
Foreign Languages
None
Fixed-Price Services and Fees
I charge $350 to handle all court forms for a divorce with children and $300 for all court forms for a divorce without children. Please note: these fees do NOT include my time for mediation or consultation, nor for the creation and processing of Qualified Domestic Relations Orders (for the division of retirement benefits).
Hourly Rates
$300 per hour for mediation; $250 per hour for consultation.
Free Initial Consultation?
I offer a free initial consultation for potential mediation clients, which involves a discussion of the mediation process and a brief assessment of the presenting issues so that a fee estimate can be made.
Typical Retainer
I do not charge a retainer; I only charge for work already completed.
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